Ohio Warranty Clauses

State:
Multi-State
Control #:
US-OG-489
Format:
Word; 
Rich Text
Instant download

Description

The Warranty Clauses form, to have and to hold, subject to the terms, exceptions, and other provisions set out in this Assignment, the “assets” unto assignee, its successors and assigns, forever, however the assignments and conveyances made by this assignment are made without warranty.

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FAQ

You are covered by the state's Lemon Law if the problems with your new motor vehicle occur during the first 12 months or first 18,000 miles of ownership, whichever comes first. If you have problems with your vehicle during this protection period, take the vehicle back to the dealer or the manufacturer for repair.

The Magnuson-Moss Warranty Act is a Federal Law that protects the buyer of any product which costs more than $25 and comes with an express written warranty. This law applies to any product that you buy that does not perform as it should.

A typical bumper-to-bumper warranty lasts for about three years or 36,000 miles, whichever comes first.

When You Buy a Used Car from a Dealer in Ohio, Can You Return It? No, all vehicle sales in Ohio are final. However, if the car is defective, you may be able to return it and/or seek compensation under the federal or Ohio Lemon Laws.

Therefore, in order to bring a claim for breach of warranty under Ohio law, ? a plaintiff must show: (1) that the goods are nonconforming; (2) that the seller was given a reasonable opportunity to cure the defects; (3) and that the seller failed to repair the defects within a reasonable time or within a reasonable ...

Section 1310.19 | Implied warranty of merchantability - UCC 2A-212. (A) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.

A contract is breached when one party, without just cause, fails or refuses to perform his/her agreement even though the other party has performed all he/she was required to do under the agreement. (See Ohio Jury Instructions (OJI) Section 253.01(6).)

A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance, the cause of action accrues when the breach is or should have been discovered.

Section 1302.27 | Implied warranty - merchantability - usage of trade - UCC 2-314. (A) Unless excluded or modified as provided in section 1302.29 of the Revised Code, a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.

Breach of warranty is defined as the violation of an express or implied contract of warranty, and thus it is a breach of contract. Essentially, it occurs when the warrantor fails to provide the assurance warranted. A seller can expressly or implicitly assure the buyer about the quality or title of an item sold.

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Ohio Warranty Clauses